Plaintiff Files Class Action Claiming Organic Candy Contains No Real Fruit

A California plaintiff has filed a lawsuit alleging the Organic
Candy Factory’s peach, boysenberry, blackberry and raspberry
gummy candies contain “substitute flavors” rather than real fruit.
Arabian v. Organic Candy Factory, No. 17-5410 (C.D. Cal., filed
July 21, 2017). The plaintiff asserts that the company markets its
gummy bears and gummy-filled chocolate as containing “nothing
artificial ever,” leading consumers to believe the candy is made
with real fruit and allowing the company to charge a premium.
Claiming breach of warranties, breach of contract, fraud,
misrepresentation, quasi contract and violations of California
consumer-protection law, the plaintiff seeks class certification,
damages, restitution, declaratory and injunctive relief, and
attorney’s fees.

Issue 642